Maraga accuses state of capture, vows to restore rule of law

Former Chief Justice David Maraga has vowed to restore constitutional order in Kenya, accusing President William Ruto’s administration of driving the country into lawlessness and capturing public institutions.

Maraga spoke during an interview on Spice FM on Wednesday, pledging to anchor governance on constitutionalism and independence if elected president.

“The country is sliding into anarchy and complete disorder. We want to reset the country back to constitutionalism and order if elected the president,” said Maraga.

He defended his decision to join the June 25 demonstrations to honour victims of last year’s anti-government protests, describing the protests as peaceful and criticising the state for targeting him with intimidation.

“The protesters were peaceful. The police later on threw teargas. The police themselves promised that they will be there with them. So, to come round and say that I didn’t behave well, that is their opinion. I have a right express myself by demonstration if there is something not well done as long as it is a peaceful demonstration,” noted Maraga.

He accused the executive of capturing the legislature and judiciary through budget cuts and denial of operational funds, saying this compromises institutional independence.

“Our public institutions are captured. Institutional capture by the executive is a terrible thing that can lead to starved funds and budget cuts from the executive. Capture is not just a situation where you are told what to do, it’s when you’re given a mandate and then starved of funds,” explained Maraga.

Maraga criticised the Kenya Police Service, saying it has become a tool of the executive, blaming the practice of the president handpicking individuals for top security positions.

“One major problem with the police is the control by the executive. When you control the leadership of the police what do you expect?” observed Maraga.

“Given an opportunity, if I’m privileged to lead this country, I will restore the independence of the police and other institutions,” he added.

Maraga said the police have been weaponised against opponents of the government, linking this to a system where loyalty is to the presidency rather than the constitution.

“The president picks whom he wants and takes his name to parliament for vetting. That person is loyal to the presidency as a result the police are weaponised against the opponents of the executive,” said Maraga.

He condemned increasing police brutality, blaming it on reckless statements by politicians.

“Police are listening to what they are being told by the politicians. Reckless statements are being made without thinking on the effects it will have to the police,” noted Maraga.

On the economy, Maraga accused the government of budgeted corruption that fuels unsustainable borrowing.

“We’re where we are because of the mismanagement of resources. If you were to get the details about the budgeted corruption, you’ll be shocked. When the government find that money has been taken and it doesn’t have money to fund operations, it goes into borrowing which has now gone completely out of what is expected,” said Maraga.